Private Agency Adoptions and the Judicial Determination Requirement

Private agencies have been placing special needs infants for adoption for decades. Eligibility for IV-E Adoption Assistance has become vitally important to parents who adopt such children. In the previous post, we discussed the “ADFC Look-Back” eligibility requirement for adoption assistance which will continue to apply to children under the age of two until June 30, 2024. Virtually all private agency adoptions involve children under the age of 2, so the previous post applies to both public and private agencies. “See Adoption Assistance for Children Under the Age of 2.”

Public agency adoptions are commonly preceded by the court ordered termination of the birthparents’ parental rights after attempts to complete the Case Plan for family reunification are unsuccessful. Private agency adoptions, in contrast, take place after the birthparents’ voluntarily relinquish their parental rights.

Judicial Determination Requirement

Removing a child and placing the child outside his or her home is a momentous act. In recognition of its seriousness, federal adoption assistance law provided for judicial oversight as an eligibility requirement for adoption assistance.

When a public agency removes a child from his or her home, the action must be reviewed and approved by a local court of competent jurisdiction. In order to ultimately qualify for IV-E Adoption Assistance, the court must determine that remaining in the home is contrary to the child’s welfare, or words to that effect. The documentation of the court’s decision on whether or not removing the child and placement in out of home care is in the child’s best interest has become such an integral part of child welfare practice that it is rarely omitted from the case record. With respect to eligibility for IV-E Adoption Assistance the “contrary to the welfare” or “best interest” determination must be made in the first court ruling that approves the removal of the child from the home.

In public agency cases, there is usually an extensive period devoted to reunification of the child with his or her parents. It is only when it deems reunification efforts to be unsuccessful that the agency petitions the court for the termination of parental rights.

Private agency adoptions are usually planned in advance of a child’s birth. The birth mother’s decision to voluntarily relinquish (surrender) her parental rights in order to place her child for adoption must also be reviewed by a court of competent jurisdiction. In Ohio, the JFS 01666 “Permanent Surrender of a Child” form is submitted to the court. The form includes the following language for the judge to review and sign if he or she approves. “I find that continuation in the home is contrary to the best interest of the child and that placement is in the best interest of the child.” A signed and file stamped copy of the form meets the eligibility requirement for IV-E Adoption Assistance.